Wehab

ORDER

I. BACKGROUND.

Plaintiff brought this action pursuant to 7 U.S.C. § 2023 (a) seeking declaratory and injunctive relief from the decision of the Food and Nutrition Service (“FNS”) to disqualify his store, Daldas Grocery, from accepting food stamps for a three-year period for violations of the food stamp program regulations. Plaintiff's application for a stay of the penalty, filed simultaneously with the complaint, was denied after a hearing on April 18, 1990. Currently before the court are the parties’ cross-motions for summary judgment, which were taken under submission after a hearing on June 29, 1990.

Plaintiff’s motion asks this court to determine (1) that the Food and Nutrition Service violated its own regulations in investigating and sanctioning Daldas Grocery and (2) that the three-year disqualification imposed is arbitrary and capricious. The Government, in turn, seeks summary judgment that Daldas Grocery did violate program regulations and that the sanction imposed is appropriate.

II. STANDARD OF REVIEW.

The statutory authority for judicial review of an administrative action provides, in part, “The suit in the United States district court ... shall be a trial de…